Mr AJ Boino de Souza v Osteria San Lorenzo Ltd: 2207105/2021
JUDGMENT
The claim is struck out on the basis that it has not been actively pursued.REASONS
[1]The respondent applied on 2 March 2022 to postpone the hearing listed for 9 March 2022 (which was granted, for the reasons in that application). It appeared from that application that, despite numerous attempts by the respondent to contact the claimant about preparation for the hearing, the claimant had not replied and that the claimant had not complied with the directions of the tribunal for preparation for the hearing either. The tribunal had also received no recent correspondence from the claimant, including any objection to the respondent’s application to postpone the hearing.[2]It therefore appeared that the claimant was no longer actively pursuing his claim. The tribunal therefore wrote to the claimant on 8 March 2022 stating that it was therefore considering striking out the claimant’s claim because it was not being actively pursued and informed the claimant that, if the claimant wished to object to this proposal, he should within 14 days of the email of 8 March 2022 give his reasons for objecting in writing to the tribunal and the respondent or request a hearing at which he could make them.[3]No reply has been received by the tribunal from the claimant. The claim is therefore struck out in its entirety on the basis that it is not being actively pursued. 25 March 2022